Papers Of Abraham Lincoln

In force, 3d March, 1837.

AN ACT to locate a State road from Wesley city, in Tazewell county, to Bloomington, in McLean county.
1

Commissioners appointed, and duty

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Charles S. Dorsey and John O’Brien, of the county of Tazewell, and Jonathan Hodge, of the county of McLean be, and they are hereby appointed commissioners to view, survey, and locate a State road from Wesley city to Bloomington, in McLean county, running by Daniel Roberts’ and R. N. Cullom’s, at or near Soward’s old cabin on the Mackinac river, in Tazewell county; thence to intersect the road from Versailles to Bloomington, at some suitable point on said road, thence to Bloomington.

Where to meet and when.

To be sworn.
Oath.
Duty

Sec. 2. Said commissioners, or a majority of them, shall meet at Wesley city, in the county of Tazewell, on the first Monday in June next, or within three months thereafter, who after being duly sworn by some justice of the peace in said county, faithfully to observe the provisions of this act, shall proceed to view, survey, and locate said road, taking into consideration the local situation of the country through which the same may pass, and establish the same on the most eligible and advantageous ground, so as to make it a permanent and good road. And the said commissioners shall locate said road, and the county road now established, leading from Funk’s to B. N. Cullom’s, as far as they may deem it practicable, and where the said road shall not run on said county road or deviate therefrom, the same shall be annulled, unless the county commissioners mny choose to have the same kept open as a county road.

Route to be marked

Sec. 3. The said commissioners shall mark the route of the said road where it passes through timbered land, by cutting the trees and when it passes through prairie by running a good furrow with a plough.

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To make a map and return it to clerk of county com. court

Sec. 4. As soon as the said commissioners shall have viewed and located said road, they shall make out a correct map of the said route, and return the same to the clerk of the county courts of the counties of Tazewell and McLean of that part of the road which (lies) in each county respectively, and the county commissioners shall cause said map to be entered on their records.

Declared state road.

Width.

Sec. 5. The said road when so located as aforesaid, shall be deemed a State road and shall not be altered or turned out of its course under any pretence whatever, except by an act of the General Assembly, shall be opened four poles wide and kept in repair as other State roads are.

Compensation.

Sec. 6. The commissioners appointed under the provisions of this act, shall receive a just and fair compensation for their services, and such hands as they shall necessarily employ, each connty paying in proportion to the time necessarily occupied by them within its limits.2

Approved 3d March, 1837.

1On February 9, 1837, Richard N. Cullom introduced HB 215 in the House of Representatives. On February 18, following the addition of amendments by a select committee, the House passed the bill, and referred it to the Senate. On February 27, following the further addition of sundry amendments by a select committee, the Senate passed the bill and returned it to the House. On February 28, the House rejected the Senate amendments. On March 2, the Senate agreed to recede from its amendments. On March 3, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 534, 548, 643, 731, 764-65, 808, 816, 829; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 463-464, 511, 527, 582, 588, 593, 604.

2State roads were those public roads established or designated by the General Assembly and usually crossed county lines. Only the General Assembly could establish, alter, or abandon state roads, until 1840 and 1841, when the General Assembly gave counties the authority to alter or to abandon state roads upon petition by a majority of voters in the area of the change.
An Act concerning Public Roads, sec. 9; An Act Authorizing Commissioners’ Courts to Alter, Change, and Relocate State Roads; An Act concerning Public Roads.